Court No. - 69
Case :- APPLICATION U/S 482 No. - 32536 of 2019 Applicant :- Harishchandra @ Karodi Opposite Party :- State Of Up And Another Counsel for Applicant :- Prem Prakash Tiwari Counsel for Opposite Party :- G.A.
Hon'ble Vivek Kumar Singh,J.
Heard Sri Prem Prakash Tiwari, learned counsel for the applicant and Sri Mahboob Ahmad, learned counsel for the opposite party No.2 and perused the material brought on record.
This application under Section 482, Cr.P.C. has been filed for quashing/stay of the summoning order dated 10.6.2019 passed by Addl. District Judge, Sant Kabir Nagar in Special Case No. 06 of 2018, Case Crime No. 2070 of 2017,under section 135 of Indian Electricity Act, Police Station- Ghanghata, Disrtrict- Sant Kabir Nagar pending in the court of Addl. District Judge, Sant Kabir Nagar.
It is contended by the learned counsel for the opposite party no. 2 that the offence in question is compoundable.
After hearing the learned counsel for the parties and on perusal of the material available on record this Court is of the opinion that no useful purpose would be served in keeping this petition pending, which is finally disposed off, with liberty to the applicant to move an appropriate application under the relevant provisions of Electricity Act for compounding, before the concerned authority within 15 days from today. If such an application is moved by the applicant the same shall be considered and decided, most expeditiously, in accordance with law, after hearing the parties concerned, preferably within a period of two months.
For a period of three months or till the disposal of the aforesaid application, no coercive action shall be taken against the applicant in the aforesaid case.
Order Date :- 26.8.2019 ssm